Constitution’s Article 14 also applies to noncitizens: High Court of Bombay Goa Bench

Although the Central Government is granted broad authority in deportation-related matters, the court highlighted that this authority must be used correctly and without showing any sign of arbitrary behaviour.

Keywords: Article 14, non-citizens, Bombay High Court, Justices Mahesh Sonak and Bharat Deshpande.

In a recent ruling Olga Rosnina v. the Foreigners Regional Registration Office, the Goa bench of the Bombay High Court said that Article 14 of the Constitution, which guarantees equality before the law, applies to both citizens and non-citizens in India.  

The statement was issued by a division bench of Justices Mahesh Sonak and Bharat Deshpande, who directed the authorities not to deport a foreign citizen since they had not had any explanation from the foreigner over an alleged violation of a visa condition.

At the very least, the petitioner might have been asked for clarification, and after taking it into consideration, a judgement could have been made. This wasn’t completed. The justices concluded, Therefore, on this brief reason, we set aside the contested deportation order. 

Since the foreign national claimed that she had not broken any of her Visa requirements, the bench further highlighted in the August 7 judgement that the authorities should have followed the principles of natural justice and fair play.

“Natural justice and fair play principles are a necessary corollary of Article 14 of the Indian Constitution. According to the Court, this Article protects both citizens and non-citizens.

The Central government must fairly apply its deportation powers, the Court stressed. While the Central Government is granted broad authority in deportation-related matters, this authority must be used equitably and without showing even the slightest sign of arbitrary behaviour. The bench emphasised that this was not a situation in which the nation’s internal security was in danger or any other similar situation.

Therefore, it nullified the foreign national’s deportation order issued on May 17, 2023. According to the police, the foreign national had been given a work Visa, but had engaged in business, violating the terms of her Visa.

However, the judges observed that there was no question regarding compliance with the terms and circumstances of the Visa because the foreign national had quit her job. The foreign individual had also sought a dependent visa following such resignation. Due to the deportation order issued against her in May, the authorities, however, rejected her request. The Court ruled that the government must give the foreign national’s request for a dependent visa another chance and must refrain from deporting her for at least two months while it considers her request.

written by – Meghana Mathapati, college name – KLE law college Bangalore, semester – 5^th

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